The following information is provided for your convenience;
it is not in anyway intended to provide legal advice or assistance.
Should you need such advice or assistance, you should consult an attorney as
the Court and the Clerk of the Court are prohibited from providing advice.

 

Texas Justice of the Peace Courts | Areas of Jurisdiction
Comparison of Justice Court and Small Claims Court

 

Texas Justice of the Peace Courts

The Texas Constitution requires that each county in the State establish between one and eight justice of the peace precincts, depending upon the population of the county. Also, depending on the population of the precinct, either one or two justice of the peace courts are to be established in each precinct. There are approximately 840 justice of the peace courts in Texas.

Justice of the peace courts have original jurisdiction in Class C misdemeanor criminal cases, which are less serious minor offenses. These courts also have jurisdiction of minor civil matters. A justice of the peace may issue search or arrest warrants, and may serve as the coroner in counties where there is no provision for a medical examiner. These courts also function as small claims courts.



Some areas within the Jurisdiction of Judge Cutchin

Coroner Inquests

24 hours, 365 days; called for all deaths within the precincts when a doctor cannot certify cause or the deceased family intends a cremation
Calls are urgent - the Justice's approval is necessary for the body to be moved
The Justice determines cause and manner of death
May order autopsies
Inquest may be formal or informal

Criminal Jurisdiction
Misdemeanor cases punishable by fine only or punishable by a fine and sanction which does not consist of confinement
Traffic Offenses
Conduct Offenses
Alcohol Related Offenses
Juvenile Offenses
Tobacco Possession Offenses
Truancy Related Offenses
Curfew Violations
Animal Control Ordinance Violations
Alarm Ordinance Violations
Parks & Wildlife Offenses
Examining Trials
 
  • to determine if sufficient cause exists to hold an arrested person for trial
  • to determine superior right of possession of seized property

Civil Jurisdiction
Civil cases in which the amount in controversy is $5,000 or less
Controversy may involved property, money or both
Exclusive jurisdiction over eviction suits
May issue Writs of Execution, Garnishments, Distress of Warrants and Writs of ReEntry
Jurisdiction over Deed Restriction Cases

Small Claims Court
Limited Jurisdiction - money only $5,000 and under
Informal Procedures
Judge has the duty to develop the cases
Fair and Speedy Trials

Magistrate
Rights Warnings
Bond Determinations
Probable cause determinations
Issuance of Arrest and Search Warrants
Issuance of Protective Orders
Issuance of Mental Health Warrants
Disposition of Cruelly Treated Animals
Perform Marriages



Comparison of Justice Court and Small Claims Court

TOPIC
JUSTICE COURT
SMALL CLAIMS COURT
JURISDICTION

LIMITS OF SUIT AMOUNT

 $5,000.00 exclusive of interest (G.C. 27.031) $5,000.00 including interest (G.C. 28.003)

TYPES OF CASES
(AUTHORIZED/PROHIBITED)

AUTHORIZED

A. civil matters within jurisdictional amount

B. forcible entry & detainer

C. foreclosure of mortgage and enforce lien on personal property

PROHIBITED

A. suit by state to recover penalty, forfeiture or escheat

B. divorce



C. slander and deformation suits

D. suit for trial of title to land

E. foreclosure lien on land
AUTHORIZED

A. action for recovery of  money only







PROHIBITED

 A. by assignee of claim


B. person primarily engaged in business of loaning money at interest

C. collection agency or agent

FILING FEES

 Please contact the Court for this information. Please contact the Court for this information.

VENUE

 15.082 TO 15.097 (CP&RC)
1. generally county and precinct where one or more defendants reside

2. Exceptions (15.083 TO 15.097 [CP&RC]) 		28.011 Government Code
1. County and precinct where defendant lives


2. Where the defendant has contracted to perform

PLEADING

 Petition may be oral; the answer And all other pleadings written Rule 525 & 534 Petition must be sworn (G.C. 28.012); all other pleadings may be informal (G.C. 28.033), Except motion to change venue (G.C. 28.014)

WRITS

1. EXECUTION

YES YES
2. ATTACHMENT YES NO
3. SEQUESTRATION YES NO
ATTORNEYS 1. for individual party may appear
2. for corporation must appear 		1. for individual party may appear
2. for corporation may appear not required (G.C. 28.003f)
DUTY OF JUDGE uphold and enforce the Constitution and laws of the State of Texas 1. develop the facts of the case (G.C. 28.034)
2. May question witnesses (G.C. 28.034)
3. May summons witnesses(G.C. 28.034)
4. render judgment as the justice of the case requires (G.C. 28.051)
5. sole objective to dispense speedy justice (G.C. 28.033)
CONTINUANCES GRANTED for good cause shown and affidavit Rule 541 "only for good cause shown" (G.C. 28.032)
DISCOVERY PERMITTED YES limited, with prior court approval (G.C. 28.033e)
JURY TRIAL YES YES
TRIALS & HEARINGS FORMAL – must follow R.C.P INFORMAL
RULES OF EVIDENCE APPLY (R.O.E. 101) does not apply (R.O.E. 101)
APPEAL YES If in excess of $20.00 – yes then just like justice court

G.C. = Government Code
CP&RC = Civil Practice and Remedy Code
R.O.E. = Rules of Evidence
R.C.P. = Rules of Civil Procedure